Skip to main content

Home/ Socialism and the End of the American Dream/ Group items matching "problems" in title, tags, annotations or url

Group items matching
in title, tags, annotations or url

Sort By: Relevance | Date Filter: All | Bookmarks | Topics Simple Middle
Paul Merrell

California Tells Court It Can't Release Inmates Early Because It Would Lose Cheap Prison Labor | ThinkProgress - 0 views

thinkprogress.org/...-be-keeping-people-behind-bars

shared by Paul Merrell on 20 Nov 14 - No Cached
  • Out of California’s years-long litigation over reducing the population of prisons deemed unconstitutionally overcrowded by the U.S. Supreme Court in 2010, another obstacle to addressing the U.S. epidemic of mass incarceration has emerged: The utility of cheap prison labor. In recent filings, lawyers for the state have resisted court orders that they expand parole programs, reasoning not that releasing inmates early is logistically impossible or would threaten public safety, but instead that prisons won’t have enough minimum security inmates left to perform inmate jobs. The dispute culminated Friday, when a three-judge federal panel ordered California to expand an early parole program. California now has no choice but to broaden a program known as 2-for-1 credits that gives inmates who meet certain milestones the opportunity to have their sentences reduced. But California’s objections raise troubling questions about whether prison labor creates perverse incentives to keep inmates in prison even when they don’t need to be there.
  • The debate centers around an expansive state program to have inmates fight wildfires. California is one of several states that employs prison labor to fight wildfires. And it has the largest such program, as the state’s wildfire problem rapidly expands arguably because of climate change. By employing prison inmates who are paid less than $2 per day, the state saves some $1 billion, according to a recent BuzzFeed feature of the practice. California relies upon that labor source, and only certain classes of nonviolent inmates charged with lower level offenses are eligible for the selective program. They must then meet physical and other criteria. In exchange, they get the opportunity for early release, by earning twice as many credits toward early release as inmates in other programs would otherwise earn, known as 2-for-1 credits. In February, the federal court overseeing California’s prison litigation ordered the state to expand this 2-for-1 program to some other rehabilitation programs so that other inmates who exhibit good behavior and perform certain work successfully would also be eligible for even earlier release.
  • As has been California’s practice in this litigation, California didn’t initially take the order that seriously. It continued to work toward reducing its prison population. In fact, the ballot initiative passed by voters in November to reclassify several nonviolent felonies as misdemeanors will go a long way toward achieving that goal. But it insisted that it didn’t have to do it the way the court wanted it to, because doing so could deplete the state’s source of inmate firefighters. The incentives of this wildfire and other labor programs are seemingly in conflict with the goal of reducing U.S. reliance on mass incarceration. But the federal judges overseeing this litigation were nonetheless sensitive to the state’s need for inmate firefighters. That’s why they ordered the state to offer 2-for-1 credits only to those many inmates who weren’t eligible for the wildfire program. This way, inmates who were eligible would still be incentivized to choose fighting wildfires, while those that weren’t could choose other rehabilitative work programs to reduce their sentence.
  • ...2 more annotations...
  • The Department of Corrections didn’t like this idea, either. It argued that offering 2-for-1 credits to any inmates who perform other prison labor would mean more minimum security inmates would be released earlier, and they wouldn’t have as large of a labor pool. They would still need to fill those jobs by drawing candidates who could otherwise work fighting wildfires, and would be “forced to draw down its fire camp population to fill these vital MSF [Minimum Support Facility] positions.” In other words, they didn’t want to have to hire full-time employees to perform any of the work that inmates are now performing. The plaintiffs had this to say in response: “Defendants baldly assert that if the labor pool for their garage, garbage, and city park crews is reduced, then ‘CDCR would be forced to draw-down its fire camp population to fill these vital MSF positions.’ That is a red herring; Defendants would not be ‘forced’ to do anything. They could hire public employees to perform tasks like garbage collection, garage work and recycling … ”
  • California Attorney General Kamala Harris told BuzzFeed News she was “shocked” to learn that the lawyers in her department had argued against parole credits because they wanted to retain their labor force. “I will be very candid with you, because I saw that article this morning, and I was shocked, and I’m looking into it to see if the way it was characterized in the paper is actually how it occurred in court,” Harris said in an interview with BuzzFeed published late Tuesday. “I was very troubled by what I read. I just need to find out what did we actually say in court.” Harris was referring to the Los Angeles Times’ report on the three-judge panel’s ruling, which included a line referencing that argument. While ThinkProgress does not know what lawyers for the state said in court, the written motions submitted in the litigation make very clear that the state did indeed argue against expanding the early release program on the basis that it would deplete the labor force.
  • Paul Merrell on 20 Nov 14
     
    In the land of the free and the home of the brave ...j California has been in deep judicial doo-doo because of massive prison overcrowding and years of ignoring federal court orders to drastically reduce its prison population, leading to a Supreme Court decision that basically said, "no more stalling." 
Paul Merrell

Abbott to say No to Xi and the New Asia Infrastructure Investment Bank - Twice | nsnbc international - 0 views

nsnbc.me/...tructure-investment-bank-twice

banksters de-dollarization AIIB China dollar-collapse Australia

shared by Paul Merrell on 10 Nov 14 - No Cached
  • Australian Prime Minister Tony Abbott is expected to say no to Chinese President Xi about joining the new Chinese-led Asia Infrastructure Development Bank (AIIB) when he will meet Xi at the ASEAN summit in Beijing this week. Abbott’s no to joining the bank would come against the advise of Australian treasurer Joe Hockey and after intense U.S. pressure for Australia to reject the proposed participation.
  • The decision to reject Australia’s participation in the 21 nation regional bank was made during a session of the Australian government’s National Security Committee and was explained as a “decision made on strategic grounds”. The decision has been criticized by several of Australia’s leading experts on economy. The Asian Development Bank  (ADB) estimated in 2011 that Asia would require some US$750 per year through 2020 to meet the needs for regional infrastructure development. In 2012 the ADB merely lent US$7.5 billion reported Australia’s Treasury.
  • A growing number of regional governments including Thailand, Malaysia, Indonesia, Laos, Myanmar and many other are gravitating towards China as China increasingly opens up its economy and banking system for foreign businesses and investment.
  • ...3 more annotations...
  • Australian Treasurer Joe Hockey repeatedly stressed that Australia’s national interests would be better served by joining the new AIIB while Abbott attempted to position the AIIB as a “unilateral institution”. While it is correct that China is the main investor into the bank, it is a 21 nation project and Abbott’s explanation is given little credence by objective economists who are aware of the inherent problems with U.S. dominance and the dominance of rogue corporate cartels who hold e.g the World Bank, the IMF and the US government in a state of capture.
  • The development gains perspective, considering that the former Chief Economist of the Bank for International Settlements (BIS) William White in 2013, and other top-economists are predicting that a collapse of the U.S. dollar and the Bretton Woods institutions has become unavoidable, that it may happened overnight, and that it is likely to happen sometime by the end of 2014 or the first half of 2015. A recent analysis of the development described U.S. pressure against nations’ joining the new Asia Infrastructure Development Bank as the choice between gold and gunfire, noting that the U.S. applies relative soft pressure against Australia, while it won’t hesitate to provoke civil wars in for example Thailand to prolong the (f)ailing new American Century, just a little bit longer.
  • Gold or Gunfire: Hedging Against the Collapse of the Dollar
Paul Merrell

New G20 Rules: Cyprus-style Bail-ins to Hit Depositors AND Pensioners | nsnbc international - 0 views

nsnbc.me/...-ins-hit-depositors-pensioners

banksters G20-summit deposits Cyprus bail-ins

shared by Paul Merrell on 02 Dec 14 - No Cached
  • On the weekend of November 16th, the G20 leaders whisked into Brisbane, posed for their photo ops, approved some proposals, made a show of roundly disapproving of Russian President Vladimir Putin, and whisked out again.
  • It was all so fast, they may not have known what they were endorsing when they rubber-stamped the Financial Stability Board’s “Adequacy of Loss-Absorbing Capacity of Global Systemically Important Banks in Resolution,” which completely changes the rules of banking. Russell Napier, writing in ZeroHedge, called it “the day money died.” In any case, it may have been the day deposits died as money. Unlike coins and paper bills, which cannot be written down or given a “haircut,” says Napier, deposits are now “just part of commercial banks’ capital structure.” That means they can be “bailed in” or confiscated to save the megabanks from derivative bets gone wrong.
  • Rather than reining in the massive and risky derivatives casino, the new rules prioritize the payment of banks’ derivatives obligations to each other, ahead of everyone else. That includes not only depositors, public and private, but the pension funds that are the target market for the latest bail-in play, called “bail-inable” bonds. “Bail in” has been sold as avoiding future government bailouts and eliminating too big to fail (TBTF). But it actually institutionalizes TBTF, since the big banks are kept in business by expropriating the funds of their creditors. It is a neat solution for bankers and politicians, who don’t want to have to deal with another messy banking crisis and are happy to see it disposed of by statute. But a bail-in could have worse consequences than a bailout for the public. If your taxes go up, you will probably still be able to pay the bills. If your bank account or pension gets wiped out, you could wind up in the street or sharing food with your pets.
  • ...1 more annotation...
  • In theory, US deposits under $250,000 are protected by federal deposit insurance; but deposit insurance funds in both the US and Europe are woefully underfunded, particularly when derivative claims are factored in. The problem is graphically illustrated in a chart from a March 2013 ZeroHedge post. OCC Chart (Image, upper left).
  • Paul Merrell on 02 Dec 14
     
    With commercial banks overloaded by investment bank derivative debt, a bank is the very last place one should park their money. See http://tinyurl.com/3oj7vbs and http://tinyurl.com/3ovf6ze FDIC insurance is now of value only to senior debtors, not to deposit account holders.
Paul Merrell

Exit South Stream, enter Turk Stream - RT Op-Edge - 0 views

rt.com/...turkey-russia-east-pipeline-eu

war & peace Pipelinestan Russia Turkey EU energy

shared by Paul Merrell on 03 Dec 14 - No Cached
  • So the EU “defeated” Putin by forcing him to cancel the South Stream pipeline. Thus ruled Western corporate media. Nonsense. Facts on the ground spell otherwise. This “Pipelineistan” gambit will continue to send massive geopolitical shockwaves all across Eurasia for quite some time. In a nutshell, a few years ago Russia devised Nord Stream – fully operational – and South Stream – still a project – to bypass unreliable Ukraine as a gas transit nation. Now Russia devised a new deal with Turkey to bypass the “non-constructive” (Putin’s words) approach of the European Commission (EC). Background is essential to understand the current game. Five years ago I was following in detail Pipelineistan’s ultimate opera – the war between rival pipelines South Stream and Nabucco. Nabucco eventually became road kill. South Stream may eventually resurrect, but only if the EC comes to its senses (don’t bet on it.)
  • The 3,600 kilometer long South Stream should be in place by 2016, branching out to Austria and the Balkans/Italy. Gazprom owns 50 percent of it - along with Italy’s ENI (20 percent), French EDF (15 percent) and German Wintershall, a subsidiary of BASF (15 percent). As it stands these European energy majors are not exactly beaming – to say the least. For months Gazprom and the EC were haggling about a solution. But in the end Brussels predictably succumbed to its own. Russia still gets to build a pipeline under the Black Sea – but now redirected to Turkey and, crucially, pumping the same amount of gas South Stream would. Not to mention Russia gets to build a new LNG (liquefied natural gas) central hub in the Mediterranean. Thus Gazprom has not spent $5 billion in vain (finance, engineering costs). The redirection makes total business sense. Turkey is Gazprom’s second biggest customer after Germany. And much bigger than Bulgaria, Hungary, and Austria combined. Russia also advances a unified gas distribution network capable of delivering natural gas from anywhere in Russia to any hub alongside Russia’s borders.
  • And as if it was needed, Russia gets yet another graphic proof that its real growth market in the future is Asia, especially China – not a fearful, stagnated, austerity-devastated, politically paralyzed EU. The evolving Russia-China strategic partnership implies Russia as complementary to China, excelling in major infrastructure projects from building dams to laying out pipelines. This is business with a sharp geopolitical reach – not ideology-drenched politics.
  • ...5 more annotations...
  • Turkey also made a killing. It’s not only the deal with Gazprom; Moscow will build no less than Turkey’s entire nuclear industry, apart from increased soft power interaction (more trade and tourism). Most of all, Turkey is now increasingly on the verge of becoming a full member of the Shanghai Cooperation Organization (SCO); Moscow is actively lobbying for it. This means Turkey acceding to a privileged position as a major hub simultaneously in the Eurasian Economic Belt and of course the Chinese New Silk Road(s). The EU blocks Turkey? Turkey looks east. That’s Eurasian integration on the move. Washington has tried very hard to create a New Berlin Wall from the Baltics to the Black Sea to “isolate” Russia. Now comes yet another Putin judo/chess/go counterpunch – which the opponent never saw coming. And exactly across the Black Sea. A key Turkish strategic imperative is to configure itself as the indispensable energy crossroads from East to West – transiting everything from Iraqi oil to Caspian Sea gas. Oil from Azerbaijan already transits Turkey via the Bill Clinton/Zbig Brzezinski-propelled BTC (Baku-Tblisi-Ceyhan) pipeline. Turkey would also be the crossroads if a Trans-Caspian pipeline is ever built (slim chances as it stands), pumping natural gas from Turkmenistan to Azerbaijan, then transported to Turkey and finally Europe.
  • So what Putin’s judo/chess/go counterpunch accomplished with a single move is to have stupid EU sanctions once again hurt the EU. The German economy is already hurting badly because of lost Russia business. The EC brilliant “strategy” revolves around the EU’s so-called Third Energy Package, which requires that pipelines and the natural gas flowing inside them must be owned by separate companies. The target of this package has always been Gazprom – which owns pipelines in many Central and Eastern European nations. And the target within the target has always been South Stream.
  • Now it’s up to Bulgaria and Hungary – which, by the way, have always fought the EC “strategy” – to explain the fiasco to their own populations, and to keep pressing Brussels; after all they are bound to lose a fortune, not to mention get no gas, with South Stream out of the picture. So here’s the bottom line; Russia sells even more gas – to Turkey; and the EU, pressured by the US, is reduced to dancing like a bunch of headless chickens in dark Brussels corridors wondering what hit them. The Atlanticists are back to default mode – cooking up yet more sanctions while Russia is set to keep buying more and more gold.
  • This is not the endgame – far from it. In the near future, many variables will intersect. Ankara’s game may change – but that’s far from a given. President Erdogan – the Sultan of Constantinople – has certainly identified a rival Caliph, Ibrahim of ISIS/ISIL/Daesh fame, trying to steal his mojo. Thus the Sultan may flirt with mollifying his neo-Ottoman dreams and steer Turkey back to its previously ditched “zero problems with our neighbors” foreign policy doctrine. The House of Saud is like a camel in the Arctic. The House of Saud’s lethal game in Syria always boiled down to regime change so a Saudi-sponsored oil pipeline from Syria to Turkey might be built – dethroning the proposed, $10 billion Iran-Iraq-Syria “Islamic” pipeline. Now the Saudis see Russia about to supply all of Turkey’s energy needs – and then some. And “Assad must go” still won’t go.
  • US neo-cons are also sharpening their spears. As soon as early 2015 there may be a Ukrainian Freedom Act approved by the US Congress. Translation: Ukraine as a “major US non-NATO ally” which means, in practice, a NATO annexation. Next step; more turbo-charged neo-con provocation of Russia. A possible scenario is vassal/puppies such as Romania or Bulgaria – pressed by Washington – deciding to allow full access for NATO vessels into the Black Sea. Who cares this would violate the current Black Sea agreements that affect both Russia and Turkey? And then there’s a Rumsfeldian “known unknown”; how the weak Balkans will feel subordinated to the whims of Ankara. As much as Brussels keeps Greece, Bulgaria and Serbia in a strait jacket, in energy terms they will start depending on Turkey’s goodwill. For the moment, let’s appreciate the magnitude of the geopolitical shockwaves. There will be more, when we least expect them.
Paul Merrell

The Guardian view on the Syrian crisis: if we can't tackle the cause, at least we should deal with symptoms | Editorial | Comment is free | The Guardian - 0 views

www.theguardian.com/...yrian-crisis-refugees-food-aid

war & peace Syria refugees humanitarian-crisis

shared by Paul Merrell on 03 Dec 14 - No Cached
  • As if the Syrian tragedy weren’t terrible enough, with a death toll now topping 200,000, and over half of the population uprooted by the civil war, another ingredient has been added to the plight of this nation: some of the international humanitarian aid seems to be slowing down to a trickle. In a decision intended to ring alarm bells, the United Nations’ World Food Programme has announced that it is suspending food aid in the region because of a lack of funding. The WFP needs around $60m to provide critical food vouchers to over 1.7 million Syrian refugees through the month of December. The money hasn’t been forthcoming, in part perhaps because of donor fatigue. One can only imagine the devastating impact that any interruption of food distribution will have on the countless camps and shelters in which those Syrians who fled the war now live. More than 3 million Syrians are refugees in neighbouring countries, mainly Turkey, Lebanon and Jordan.
  • No one wants, or seems able, to deal with the root of the Syrian problem – the Assad regime – but now we are not even dealing with the symptoms. Food aid is essential. Governments of the richest nations, starting perhaps with those in the Gulf, must give the UN the money it needs to feed Syrians going hungry. The very stability of the countries sheltering those refugees may be at stake.
Paul Merrell

Watchdogs, Lapdogs and Attack Dogs | Washington Examiner - 0 views

www.washingtonexaminer.com/...watchdogs-lapdogs-attack-dogs

inspectors-general

shared by Paul Merrell on 03 Dec 14 - No Cached
  • Watchdogs, Lapdogs and Attack Dogs A four-part series by the Washington Examiner examining the state of the inspectors general.
  • Part Three: Bad things happen to whistleblowers when watchdogs become attack dogs By Mark Flatten | 12/03/14 05:00 AM A whistleblower tried to report wrongdoing to the Veterans Affairs IG — and faced retaliation from administrators. Read More…
  • Part Two: Temporary IGs subject to agency manipulators covering up waste By Mark Flatten | 12/02/14 05:00 AM Interim IGs have been accused of softening investigative reports under pressure from agency administrators Read More…
  • ...2 more annotations...
  • Part One: IGs form front line of war on waste and fraud, but weak links remain By Mark Flatten | 12/01/14 05:00 AM Whistleblowers routinely say inspectors general failed to investigate their charges of wrongdoing. Read More…
  • Coming up Thursday: Few fixes available for problem IGs
Paul Merrell

The Silence of the Israelis on ISIS | Consortiumnews - 0 views

consortiumnews.com/...ilence-of-the-israelis-on-isis

war & peace ISIL Israel U.S.-foreign UK-foreign-policy

shared by Paul Merrell on 07 Nov 14 - No Cached
  • In the war on the Islamic State, the alleged scourge of humanity, little is heard about the position of America’s much-ballyhooed greatest ally in the Middle East, if not the world, Israel. Now the Islamic State has been conquering territory in very close proximity to the border of Israel. But Israel does not seem to be fearful and it is not taking any action. And the Obama administration and American media pundits do not seem to be the least bit disturbed.  This is quite in contrast to the complaints about other Middle East countries such as Turkey that are being harshly criticized for their failure to become actively involved in fighting the Islamic State.
  • Returning to the issue of Israel, the fact of the matter is that Israel acts to protect its own national interests.  At the current time, the primary goal of the Islamic State is to purify Islam rather than attack non-Muslims. In response to Internet queries as to why the militant group wasn’t fighting Israel instead of killing Muslims in Iraq and Syria, its representatives responded: “We haven’t given orders to kill the Israelis and the Jews. The war against the nearer enemy, those who rebel against the faith, is more important. Allah commands us in the Koran to fight the hypocrites, because they are much more dangerous than those who are fundamentally heretics.”
  • Now there is nothing strange about Israel’s position here. It is simply acting in its own national interest. There is no reason to fight a group that doesn’t threaten it. Furthermore, it is in Israel’s interest to try to make it appear that it is acting for the good of all humanity when attacking Hamas, and though these arguments are unlikely to sway any UN members, the prime minister did provide ammunition to the Israel lobby and its supporters that could be used to persuade some gullible Americans.
  • ...7 more annotations...
  • Moreover, the fact of the matter is that the Islamic State actually benefits Israel by causing problems for those very states that do actively oppose Israel and support the Palestinians, such as Syria. What the Islamic State is causing in the Middle East is perfectly attuned with the view of the Israeli Right — as best articulated by Oded Yinon in 1982 — which sought to have Israel’s Middle East enemies fragmented and fighting among themselves in order to weaken the external threat to Israel.
  • Israel’s pro-rebel activities in the Syrian conflict have not been counterproductive in that they have not caused any of Assad’s many Arab enemies to abandon their effort to remove his regime. But it is not apparent that Israel is taking any steps like this regarding the Islamic State, and the United States does not seem to be pressuring it to do so. What this means is that Israel is not really any type of ally of the United States. It does not bend its foreign policy to aid the United States but only acts in its own interest. It takes actions against the Assad regime because the latter is an ally of Iran and provides a conduit for weapons being sent to Israeli’s enemy Hezbollah. Israel’s inaction toward the Islamic State, despite its close proximity, should actually provide a model for the United States to emulate. It shows that the Islamic State should not be regarded as a threat to the faraway United States. And this lesson is further confirmed by the fact that the nearby Islamic countries,  which should be far more endangered than the United States, do not seem to be fighting hard against it. It would seem that the fundamental way for the United States to face significant attacks from the Islamic State is to attack it first, which is exactly what it is now  doing.
  • Considering the Islamic State is targeting Muslims, the Israeli government does not see it as a significant enemy at this time. And it is reasonable for Israeli leaders to believe that the Islamic State would never move on to attack their country because it will never be able to conquer its major Islamic foes
  • Conceivably, Israel could covertly support the enemies of Islamic State. Israel has been doing just that in regard to Syria. During the past two years it has launched airstrikes against Assad’s forces which has helped the rebels. Israel takes the position that any attacks on its territory from Syria are the responsibility of the Assad government even if they are made by the rebels. Moreover, just like the United States, Israel has provided training for Syrian rebels. For example, Abdul-Ilah al-Bashir al-Noeimi, currently the Chief of Staff of the Supreme Military Council (SMC) of the Free Syrian Army, secretly trained in Israel in 2013 after being admitted into the country for medical treatment. [See “Report: Commander of Syrian Rebels Trained in Israel, Jewish Press News Briefs,”  Feb. 24, 2014. In regard to Israeli participation in training Syrian rebels, see: Jason Ditz, “Report Claims US, Israeli Trained Rebels Moving Toward Damascus,”  Antiwar.com, Aug. 25, 2013,; Jinan Mantash, “Israeli analyst confirms link between Israel, ‘moderate’ Syrian rebels,” Alakbar English, Oct. 17, 2014.]
  • It can be argued that if Israel openly entered the fray as a member of the anti-Islamic State coalition, it would be counterproductive. Since many Arabs see Israel as their major enemy, Israel’s involvement in the war would turn them against fighting the Islamic State and maybe even cause some of them to support that militant jihadist group as an enemy of Israel. So it might be understandable that the United States would not demand that Israel participate in the war against the Islamic State, just as it did not expect Israel to fight against Saddam Hussein. Although this might be understandable, if true it would mean that Israel could not really be an ally of the United States in the Middle East because it could not participate in America’s wars in the region, which is the very raison d’état of an ally.
  • Considering Israel’s inactivity, it is ironic that in the United States it is the supporters of Israel, such as the neoconservatives, who have taken the lead in pushing for a hard-line American military position against the Islamic State. [See Jim Lobe, “Project for a New American Imbroglio,” LobeLog Foreign Policy,  Aug. 28, 2014.]
  • Needless to say, neither the neocons, nor any other mainstream commentators for that matter, have uttered a word about Israel’s inaction. As Scott McConnell wrote in August in The American Conservative, “over the past two generations thousands of articles have been written proclaiming that Israel is a ‘vital strategic ally’ of the United States, our best and only friend in the ‘volatile’ Middle East. The claim is a commonplace among serving and aspiring Congressmen. I may have missed it, but has anyone seen a hint that our vital regional ally could be of any assistance at all in the supposedly civilizational battle against ISIS?” However, it would be far wiser for the United States to follow the example of Israel here — and, in fact, always follow the example of Israel by adhering to national interest (that of the United States, of course, not Israel) — than to follow the advice of those American supporters of Israel who have, because of their influence on American Middle East policy, involved the United States in endless wars creating a regional environment beneficial to Israel from the perspective of the Israeli Right.
Paul Merrell

US v. Comprehensive Drug Testing, Inc., 621 F. 3d 1162 - Court of Appeals, 9th Circuit 2010 - Google Scholar - 0 views

scholar.google.com/scholar_case

surveillance-state 4th Amendment bulk-collection future-investigations

shared by Paul Merrell on 05 Dec 14 - No Cached
  • Concluding Thoughts
  • This case well illustrates both the challenges faced by modern law enforcement in retrieving information it needs to pursue and prosecute wrongdoers, and the threat to the privacy of innocent parties from a vigorous criminal investigation. At the time of Tamura, most individuals and enterprises kept records in their file cabinets or similar physical facilities. Today, the same kind of data is usually stored electronically, often far from the premises. Electronic storage facilities intermingle data, making them difficult to retrieve without a thorough understanding of the filing and classification systems used—something that can often only be determined by closely analyzing the data in a controlled environment. Tamura involved a few dozen boxes and was considered a broad seizure; but even inexpensive electronic storage media today can store the equivalent of millions of pages of information. 1176*1176 Wrongdoers and their collaborators have obvious incentives to make data difficult to find, but parties involved in lawful activities may also encrypt or compress data for entirely legitimate reasons: protection of privacy, preservation of privileged communications, warding off industrial espionage or preventing general mischief such as identity theft. Law enforcement today thus has a far more difficult, exacting and sensitive task in pursuing evidence of criminal activities than even in the relatively recent past. The legitimate need to scoop up large quantities of data, and sift through it carefully for concealed or disguised pieces of evidence, is one we've often recognized. See, e.g., United States v. Hill, 459 F.3d 966 (9th Cir.2006).
  • This pressing need of law enforcement for broad authorization to examine electronic records, so persuasively demonstrated in the introduction to the original warrant in this case, see pp. 1167-68 supra, creates a serious risk that every warrant for electronic information will become, in effect, a general warrant, rendering the Fourth Amendment irrelevant. The problem can be stated very simply: There is no way to be sure exactly what an electronic file contains without somehow examining its contents—either by opening it and looking, using specialized forensic software, keyword searching or some other such technique. But electronic files are generally found on media that also contain thousands or millions of other files among which the sought-after data may be stored or concealed. By necessity, government efforts to locate particular files will require examining a great many other files to exclude the possibility that the sought-after data are concealed there. Once a file is examined, however, the government may claim (as it did in this case) that its contents are in plain view and, if incriminating, the government can keep it. Authorization to search some computer files therefore automatically becomes authorization to search all files in the same sub-directory, and all files in an enveloping directory, a neighboring hard drive, a nearby computer or nearby storage media. Where computers are not near each other, but are connected electronically, the original search might justify examining files in computers many miles away, on a theory that incriminating electronic data could have been shuttled and concealed there.
  • ...3 more annotations...
  • The advent of fast, cheap networking has made it possible to store information at remote third-party locations, where it is intermingled with that of other users. For example, many people no longer keep their email primarily on their personal computer, and instead use a web-based email provider, which stores their messages along with billions of messages from and to millions of other people. Similar services exist for photographs, slide shows, computer code and many other types of data. As a result, people now have personal data that are stored with that of innumerable strangers. Seizure of, for example, Google's email servers to look for a few incriminating messages could jeopardize the privacy of millions. It's no answer to suggest, as did the majority of the three-judge panel, that people can avoid these hazards by not storing their data electronically. To begin with, the choice about how information is stored is often made by someone other than the individuals whose privacy would be invaded by the search. Most people have no idea whether their doctor, lawyer or accountant maintains records in paper or electronic format, whether they are stored on the premises or on a server farm in Rancho Cucamonga, whether they are commingled with those of many other professionals 1177*1177 or kept entirely separate. Here, for example, the Tracey Directory contained a huge number of drug testing records, not only of the ten players for whom the government had probable cause but hundreds of other professional baseball players, thirteen other sports organizations, three unrelated sporting competitions, and a non-sports business entity—thousands of files in all, reflecting the test results of an unknown number of people, most having no relationship to professional baseball except that they had the bad luck of having their test results stored on the same computer as the baseball players.
  • Second, there are very important benefits to storing data electronically. Being able to back up the data and avoid the loss by fire, flood or earthquake is one of them. Ease of access from remote locations while traveling is another. The ability to swiftly share the data among professionals, such as sending MRIs for examination by a cancer specialist half-way around the world, can mean the difference between death and a full recovery. Electronic storage and transmission of data is no longer a peculiarity or a luxury of the very rich; it's a way of life. Government intrusions into large private databases thus have the potential to expose exceedingly sensitive information about countless individuals not implicated in any criminal activity, who might not even know that the information about them has been seized and thus can do nothing to protect their privacy. It is not surprising, then, that all three of the district judges below were severely troubled by the government's conduct in this case. Judge Mahan, for example, asked "what ever happened to the Fourth Amendment? Was it ... repealed somehow?" Judge Cooper referred to "the image of quickly and skillfully moving the cup so no one can find the pea." And Judge Illston regarded the government's tactics as "unreasonable" and found that they constituted "harassment." Judge Thomas, too, in his panel dissent, expressed frustration with the government's conduct and position, calling it a "breathtaking expansion of the `plain view' doctrine, which clearly has no application to intermingled private electronic data." Comprehensive Drug Testing, 513 F.3d at 1117.
  • Everyone's interests are best served if there are clear rules to follow that strike a fair balance between the legitimate needs of law enforcement and the right of individuals and enterprises to the privacy that is at the heart of the Fourth Amendment. Tamura has provided a workable framework for almost three decades, and might well have sufficed in this case had its teachings been followed. We have updated Tamura to apply to the daunting realities of electronic searches. We recognize the reality that over-seizing is an inherent part of the electronic search process and proceed on the assumption that, when it comes to the seizure of electronic records, this will be far more common than in the days of paper records. This calls for greater vigilance on the part of judicial officers in striking the right balance between the government's interest in law enforcement and the right of individuals to be free from unreasonable searches and seizures. The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.
  • Paul Merrell on 05 Dec 14
     
    From a Ninth U.S. Circuit Court of Appeals en banc ruling in 2010. The Court's holding was that federal investigators had vastly overstepped the boundaries of multiple subpoenas and a search warrant --- and the Fourth Amendment --- by seizing records of a testing laboratory and reviewing them for information not described in the warrant or the subpoenas. At issue in this particular case was the government's use of a warrant that found probable cause to believe that the records contained evidence that steroids had been found in the urine of ten major league baseball players but searched the seized records for urine tests of other baseball players. The Court upheld the lower courts' rulings that the government was required to return all records other than those relevant to the ten players identified in the warrant. (The government had instead used the records of other player's urine tests to issue subpoenas for evidence relevant to those players potential use of steroids.) This decision cuts very heavily against the notion that the Fourth Amendment allows the bulk collection of private information about millions of Americans with or without a warrantor court order on the theory that some of the records *may* later become relevant to a lawful investigation.   Or rephrased, here is the en banc decision of the largest federal court of appeals (as many judges as most other federal appellate courts combined), in direct disagreement with the FISA Court orders allowing bulk collection of telephone records and bulk "incidental" collection of Americans' telephone conversations on the theory that the records *might* become relevant to national security investigations. Yet none of the FISA judges in any of the FISA opinions published thus far even cited, let alone distinguished, this Ninth Circuit en banc decision. Which says a lot of the quality of the legal research performed by the FISA Court judges. However, this precedent is front and center in briefs filed with the Ni
Paul Merrell

Launching in 2015: A Certificate Authority to Encrypt the Entire Web | Electronic Frontier Foundation - 0 views

www.eff.org/...e-authority-encrypt-entire-web

surveillance-state Web-fights-back Let's-Encrypt https

shared by Paul Merrell on 05 Dec 14 - No Cached
  • Today EFF is pleased to announce Let’s Encrypt, a new certificate authority (CA) initiative that we have put together with Mozilla, Cisco, Akamai, IdenTrust, and researchers at the University of Michigan that aims to clear the remaining roadblocks to transition the Web from HTTP to HTTPS.Although the HTTP protocol has been hugely successful, it is inherently insecure. Whenever you use an HTTP website, you are always vulnerable to problems, including account hijacking and identity theft; surveillance and tracking by governments, companies, and both in concert; injection of malicious scripts into pages; and censorship that targets specific keywords or specific pages on sites. The HTTPS protocol, though it is not yet flawless, is a vast improvement on all of these fronts, and we need to move to a future where every website is HTTPS by default.With a launch scheduled for summer 2015, the Let’s Encrypt CA will automatically issue and manage free certificates for any website that needs them. Switching a webserver from HTTP to HTTPS with this CA will be as easy as issuing one command, or clicking one button.
  • The biggest obstacle to HTTPS deployment has been the complexity, bureaucracy, and cost of the certificates that HTTPS requires. We’re all familiar with the warnings and error messages produced by misconfigured certificates. These warnings are a hint that HTTPS (and other uses of TLS/SSL) is dependent on a horrifyingly complex and often structurally dysfunctional bureaucracy for authentication.
  • The need to obtain, install, and manage certificates from that bureaucracy is the largest reason that sites keep using HTTP instead of HTTPS. In our tests, it typically takes a web developer 1-3 hours to enable encryption for the first time. The Let’s Encrypt project is aiming to fix that by reducing setup time to 20-30 seconds. You can help test and hack on the developer preview of our Let's Encrypt agent software or watch a video of it in action here:
  • ...1 more annotation...
  • Let’s Encrypt will employ a number of new technologies to manage secure automated verification of domains and issuance of certificates. We will use a protocol we’re developing called ACME between web servers and the CA, which includes support for new and stronger forms of domain validation. We will also employ Internet-wide datasets of certificates, such as EFF’s own Decentralized SSL Observatory, the University of Michigan’s scans.io, and Google's Certificate Transparency logs, to make higher-security decisions about when a certificate is safe to issue.The Let’s Encrypt CA will be operated by a new non-profit organization called the Internet Security Research Group (ISRG). EFF helped to put together this initiative with Mozilla and the University of Michigan, and it has been joined for launch by partners including Cisco, Akamai, and Identrust.
Paul Merrell

http://www.ronpaulinstitute.org/archives/peace-and-prosperity/2015/january/23/foreign-troops-in-ukraine-you-bet/ - 0 views

www.ronpaulinstitute.org/...eign-troops-in-ukraine-you-bet

war & peace Ukraine Russia U.S.-foreign-policy boots-on-the-ground hypocrisy

shared by Paul Merrell on 29 Jan 15 - No Cached
  • US-backed president of Ukraine, Petro Poroshenko, was among the elites gathering in Davos, Switzerland this week to attend the 2015 World Economic Forum. During his speech he made the remarkable claim that 9,000 Russian troops were currently fighting in Ukraine on behalf of the independence-seeking areas of the country. These 9,000 troops have brought with them tanks, heavy artillery, and armored vehicles, he claimed. "Is this not aggression?" he asked the gathered elites.The US was quick to amplify Poroshenko's claims
  • NATO agreed with the US government assessment, adding that the movement of heavy equipment from Russia into Ukraine had increased in pace recently.There appears to be a problem, however. The 9,000 troops and heavy weapons and equipment that purportedly accompanies them have been seen by no one. There are no satellite photos of what would certainly be a plainly visible incursion. We know from incredibly detailed satellite photos of Boko Haram's recent massacre in Nigeria that producing evidence of such large scale movement is entirely within the realm of US and NATO technological capabilities. Still there remains a lack of evidence. Moreover, the Organization for Security and Cooperation in Europe, which is on the ground monitoring the border crossings between Ukraine and Russia, reported just this week that, "At the two BCPs (border crossing points) the OM (observer mission) did not observe military movement, apart from vehicles of the Russian Federation border guard service." If there has been an increase of Russian heavy weapons into Ukraine, why are the satellites in the skies and the eyes on the ground blind to them?
  • US military on the ground in Ukraine is a significant escalation, far beyond the previous deployment of additional US and NATO troops in neighboring Poland and the Baltics.Additionally, the US announced it was transferring heavy military equipment to the Ukrainian armed forces, including the Kozak mine-resistant personnel carrier and some 35 other armored trucks.The US government has reportedly set aside several million dollars to help train the Ukrainian national guard. Considering the fact that the national guard was only re-formed after last year's US-backed coup and is made up in large part of neo-Nazis from the extremist Right Sector, one would hope some of the money is spent dissuading members from such an odious ideology.So there may well be Russian troops and equipment on the ground in Ukraine -- though so far no proof exists and the Russians deny it. But we know very well that there are US troops and heavy military equipment on the ground in Ukraine because the US openly admits it! So Russia has no business claiming interest in unrest on its doorstep, but the US has every right to become militarily involved in a conflict which has nothing to do with us nearly 5,000 miles away? Interventionist illogic.
Paul Merrell

'Empire of Chaos' in the House - RT Op-Edge - 0 views

rt.com/...19-empire-saudi-usa-king-obama

war & peace economic-warfare pipelinestan-wars Saudis Russia U.S.-foreign-policy

shared by Paul Merrell on 29 Jan 15 - No Cached
  • And yet, Air Force One, we got a problem. High-level US financial sources assure this correspondent the trip is all about Obama shoring up the new King’s support for their financial/economic war on Russia as the House of Saud is starting to have second thoughts. The Saudi role in this war has been to come up with the oil price shock – which is hurting not only Russia but also Iran and Venezuela, among others. Besides, the US puppet theoretically in charge in Ukraine, Petro Poroshenko, has just visited Saudi Arabia. Russia is not Iran – with all due respect to Iran. If the House of Saud really believes they are talking to the head of a superpower rather than a ventriloquist’s puppet – which is Obama’s role – they are effectively doomed. Nothing Obama says means a thing. The real ‘Masters of the Universe’ who run the ‘Empire of Chaos’ want the House of Saud to do most of their dirty work against Russia; and in a later stage they will take care of the “towel heads” - as the saying goes in Washington - over their development of nuclear missiles with Pakistan. And especially because the Saudi-launched oil price war is bound to destroy the US oil industry - against US national interests.
  • The House of Saud has absolutely nothing to gain from this undeclared financial/economic war on Russia. The Saudis have already “lost” Yemen and Iraq. Bahrain is held by mercenary troops containing the alienation of the Shia majority. They are freaking out with the possibility of ultimate “enemy” Iran reaching a nuclear deal with His Master’s Voice. They are desperate that “Assad won’t go”. They want every Muslim Brotherhood in sight – or the vicinity – jailed or beheaded. They fear any Arab Spring-style stirrings as worse than the plague. And then there’s the fake Caliphate of ISIS/ISIL/Daesh threatening to go all the way to Mecca and Medina. The House of Saud is effectively surrounded.
  • Meanwhile, as the tempest approaches, all is smiles – amid a silent family bloodbath. The powerful Sudairi clan has exacted their “revenge” as King Abdullah’s corpse was still warm. King Salman, almost 80, and with Alzheimer’s about to turn him into mush, took no time to appoint his nephew Mohammed bin Naif as deputy crown prince. And just in case nepotism was not evident enough, he also appointed his son Prince Mohammed bin Salman as defense minister. Mohammed bin Naif is a Pentagon/CIA darling; the House of Saud’s head of counterterrorism.
  • ...1 more annotation...
  • But playing the ‘Empire of Chaos’ game – financial/economic war on Russia - is a game-changer, as in playing with fire. US/EU sanctions, attacks on the oil price and the ruble by giant derivative players as agents, are something way above the Saudi pay grade. The House of Saud swore that they didn’t change their production quota during 2014. But there was an excess supply – and it was brought into the market to help cause the oil price crash, alongside the manipulation by derivatives speculators. Scores of oil analysts still can’t figure out why the House of Saud went after Russia; all reasons are political, not economical (Russian support for Syria and Iran, the Americans agreeing with the strategy, etc.). The fact is Moscow did perceive it as a declaration of economic war by Saudi Arabia. Petroleum Intelligence Weekly, cautiously, has already hinted it may get much worse, as in “potential for disruption in Mideast Gulf monarchies.” Beware of an Emperor bearing gifts – or mourning a late King. The ‘Empire of Chaos’ is essentially asking the House of Saud to keep going kamikaze all the way against Russia. Sooner or later someone in Riyadh will realize this is the roadmap to House suicide.
Paul Merrell

BOSTON WRONG: Marathon Bombing Evidence "As Seen on TV" - WhoWhatWhy - 0 views

whowhatwhy.org/...athon-bombing-evidence-seen-tv

war & peace boston-bombings Tsarnaev-trial fake-video

shared by Paul Merrell on 29 Jan 15 - No Cached
  • The story of the Boston Marathon Bombing is rife with contradictions, canards, misconceptions and blatant untruths. Boston Wrong is part of WhoWhatWhy’s attempt to set the record straight. This is the first in an occasional series of articles debunking the faulty stories and “facts” which persist, despite evidence to the contrary. *** Verbal intimations by government officials and a TV re-enactment have given some potential Boston Marathon bombing jurors the mistaken belief they have seen a video of suspect Dzhokhar Tsarnaev setting down a bomb-laden backpack in front of a restaurant. There’s just one problem: that footage has never been made available to the public. During jury selection on Jan. 26, Juror 186 said she believes Tsarnaev is guilty because of the “surveillance video from Lord & Taylor,” a department store across the street from the Forum restaurant. Early media reports suggested that the store’s dome surveillance camera captured Tsarnaev dropping his backpack at the spot of the second explosion.
  • What the public has seen, however, is a re-creation of the footage in a made-for-TV docudrama by National Geographic called “Inside the Hunt for the Boston Bombers.” While the movie provides a disclaimer that some of the video has been re-created for effect, the purposefully grainy footage of an actor playing Tsarnaev doesn’t specifically mention that it’s a recreation. In fact, an Arizona production company filmed the re-enactment on a Phoenix street using extras and other actors.
  • Tsarnaev’s attorneys have filed three motions asking that the trial be moved outside of Boston because of pre-trial publicity, arguing that Tsarnaev can’t get a fair hearing in the city. More than 68 percent of the potential jurors already think he’s guilty. That kind of lopsided number is no surprise when all the evidence some jurors need to convict is a made-for-TV docudrama.
Paul Merrell

EFF's Game Plan for Ending Global Mass Surveillance | Electronic Frontier Foundation - 0 views

www.eff.org/...nding-global-mass-surveillance

surveillance state global-privacy digital-privacy EFF-global-plan

shared by Paul Merrell on 31 Jan 15 - No Cached
  • We have a problem when it comes to stopping mass surveillance.  The entity that’s conducting the most extreme and far-reaching surveillance against most of the world’s communications—the National Security Agency—is bound by United States law.  That’s good news for Americans. U.S. law and the Constitution protect American citizens and legal residents from warrantless surveillance. That means we have a very strong legal case to challenge mass surveillance conducted domestically or that sweeps in Americans’ communications.  Similarly, the United States Congress is elected by American voters. That means Congressional representatives are beholden to the American people for their jobs, so public pressure from constituents can help influence future laws that might check some of the NSA’s most egregious practices. But what about everyone else? What about the 96% of the world’s population who are citizens of other countries, living outside U.S. borders. They don't get a vote in Congress. And current American legal protections generally only protect citizens, legal residents, or those physically located within the United States. So what can EFF do to protect the billions of people outside the United States who are victims of the NSA’s spying?
  • For years, we’ve been working on a strategy to end mass surveillance of digital communications of innocent people worldwide. Today we’re laying out the plan, so you can understand how all the pieces fit together—that is, how U.S. advocacy and policy efforts connect to the international fight and vice versa. Decide for yourself where you can get involved to make the biggest difference. This plan isn’t for the next two weeks or three months. It’s a multi-year battle that may need to be revised many times as we better understand the tools and authorities of entities engaged in mass surveillance and as more disclosures by whistleblowers help shine light on surveillance abuses.
Paul Merrell

Canada Casts Global Surveillance Dragnet Over File Downloads - The Intercept - 0 views

firstlook.org/...e-levitation-mass-surveillance

surveillance state Canada CSE NSA-targets downloads

shared by Paul Merrell on 29 Jan 15 - No Cached
  • Canada’s leading surveillance agency is monitoring millions of Internet users’ file downloads in a dragnet search to identify extremists, according to top-secret documents. The covert operation, revealed Wednesday by CBC News in collaboration with The Intercept, taps into Internet cables and analyzes records of up to 15 million downloads daily from popular websites commonly used to share videos, photographs, music, and other files. The revelations about the spying initiative, codenamed LEVITATION, are the first from the trove of files provided by National Security Agency whistleblower Edward Snowden to show that the Canadian government has launched its own globe-spanning Internet mass surveillance system. According to the documents, the LEVITATION program can monitor downloads in several countries across Europe, the Middle East, North Africa, and North America. It is led by the Communications Security Establishment, or CSE, Canada’s equivalent of the NSA. (The Canadian agency was formerly known as “CSEC” until a recent name change.)
  • The latest disclosure sheds light on Canada’s broad existing surveillance capabilities at a time when the country’s government is pushing for a further expansion of security powers following attacks in Ottawa and Quebec last year. Ron Deibert, director of University of Toronto-based Internet security think tank Citizen Lab, said LEVITATION illustrates the “giant X-ray machine over all our digital lives.” “Every single thing that you do – in this case uploading/downloading files to these sites – that act is being archived, collected and analyzed,” Deibert said, after reviewing documents about the online spying operation for CBC News. David Christopher, a spokesman for Vancouver-based open Internet advocacy group OpenMedia.ca, said the surveillance showed “robust action” was needed to rein in the Canadian agency’s operations.
  • In a top-secret PowerPoint presentation, dated from mid-2012, an analyst from the agency jokes about how, while hunting for extremists, the LEVITATION system gets clogged with information on innocuous downloads of the musical TV series Glee. CSE finds some 350 “interesting” downloads each month, the presentation notes, a number that amounts to less than 0.0001 per cent of the total collected data. The agency stores details about downloads and uploads to and from 102 different popular file-sharing websites, according to the 2012 document, which describes the collected records as “free file upload,” or FFU, “events.” Only three of the websites are named: RapidShare, SendSpace, and the now defunct MegaUpload.
  • ...3 more annotations...
  • “The specific uses that they talk about in this [counter-terrorism] context may not be the problem, but it’s what else they can do,” said Tamir Israel, a lawyer with the University of Ottawa’s Canadian Internet Policy and Public Interest Clinic. Picking which downloads to monitor is essentially “completely at the discretion of CSE,” Israel added. The file-sharing surveillance also raises questions about the number of Canadians whose downloading habits could have been swept up as part of LEVITATION’s dragnet. By law, CSE isn’t allowed to target Canadians. In the LEVITATION presentation, however, two Canadian IP addresses that trace back to a web server in Montreal appear on a list of suspicious downloads found across the world. The same list includes downloads that CSE monitored in closely allied countries, including the United Kingdom, United States, Spain, Brazil, Germany and Portugal. It is unclear from the document whether LEVITATION has ever prevented any terrorist attacks. The agency cites only two successes of the program in the 2012 presentation: the discovery of a hostage video through a previously unknown target, and an uploaded document that contained the hostage strategy of a terrorist organization. The hostage in the discovered video was ultimately killed, according to public reports.
  • LEVITATION does not rely on cooperation from any of the file-sharing companies. A separate secret CSE operation codenamed ATOMIC BANJO obtains the data directly from internet cables that it has tapped into, and the agency then sifts out the unique IP address of each computer that downloaded files from the targeted websites. The IP addresses are valuable pieces of information to CSE’s analysts, helping to identify people whose downloads have been flagged as suspicious. The analysts use the IP addresses as a kind of search term, entering them into other surveillance databases that they have access to, such as the vast repositories of intercepted Internet data shared with the Canadian agency by the NSA and its British counterpart Government Communications Headquarters. If successful, the searches will return a list of results showing other websites visited by the people downloading the files – in some cases revealing associations with Facebook or Google accounts. In turn, these accounts may reveal the names and the locations of individual downloaders, opening the door for further surveillance of their activities.
  • Canada’s leading surveillance agency is monitoring millions of Internet users’ file downloads in a dragnet search to identify extremists, according to top-secret documents. The covert operation, revealed Wednesday by CBC News in collaboration with The Intercept, taps into Internet cables and analyzes records of up to 15 million downloads daily from popular websites commonly used to share videos, photographs, music, and other files. The revelations about the spying initiative, codenamed LEVITATION, are the first from the trove of files provided by National Security Agency whistleblower Edward Snowden to show that the Canadian government has launched its own globe-spanning Internet mass surveillance system. According to the documents, the LEVITATION program can monitor downloads in several countries across Europe, the Middle East, North Africa, and North America. It is led by the Communications Security Establishment, or CSE, Canada’s equivalent of the NSA. (The Canadian agency was formerly known as “CSEC” until a recent name change.)
Paul Merrell

9/11 lawyers trade barbs over CIA 'black site' translator turned Guantánamo defense linguist | The Miami Herald The Miami Herald - 0 views

www.miamiherald.com/...article9765239.html

war & peace 9-11 terrorists™ litigation CIA torture black-sites translator

shared by Paul Merrell on 13 Feb 15 - No Cached
  • The Sept. 11 trial judge and prosecutors struggled Wednesday to find a way forward out of the startling discovery that a former CIA linguist tasked to translate for an alleged 9/11 plotter earlier worked at a secret CIA prison.Defense lawyers, who say their clients were tortured in the agency’s secret prison network, asked to take sworn testimony from the man. They also asked the judge to halt the intended two-week pretrial hearing, the first since August, to conduct an inquiry and perhaps new background checks on defense team staff in the complex, five-man death-penalty prosecution. About 130 people, both military and civilian, work at the Office of the Chief Defense Counsel.“This has so decimated any trust on this team,” said defense attorney Cheryl Bormann, her voice cracking, “we can't go forward.”
  • Army Col. James L. Pohl, the judge, said he’d hear from prosecutors Thursday on the request to question the former CIA linguist who had been working temporarily for the team representing accused terrorist Ramzi Bin al Shibh since August. A new translator, who just got his security clearance on Friday, was flown in Tuesday from Miami. Meantime, defense and prosecution attorneys traded accusations over how the contract linguist came to sit beside Bin al Shibh on Monday in a courtroom where four of the five accused 9/11 conspirators said they recognized him from their years of secret detention.
  • War court Arabic language linguists come from a pool of names provided by approved Pentagon contractors. They require special security clearances that allow them to work with secret intelligence. Bin al Shibh’s lead counsel, Jim Harrington, said after court that he and a co-counsel vetted the linguist in August, and he had no idea of the translator’s previous CIA work before the alleged terrorist disclosed it in court Monday.“The problem is I cannot trust him because he was working at the black site with the CIA, and we know him from there,” said Bin al Shibh, a Yemeni accused of functioning as a 9/11 plot deputy.
  • ...3 more annotations...
  • Bormann wants to investigate “every defense team member” past and present for undisclosed previous work, and told the judge the prosecution filing on the CIA linguist episode was an “out and out falsehood.” Nevin asked the judge to suspend proceedings “until we can get to the bottom of this issue.”The issue is the latest to beleaguer preparation for the trial of the five men accused of conspiring in the Sept. 11, 2001 terror attacks, and, as defense lawyers see it, fodder for an eventual motion to dismiss the case for outrageous government conduct.It had already been sidelined by what defense lawyers called an FBI infiltration of their privilege by agents secretly questioning team members then having them sign non-disclosure agreements.
  • It was the FBI snooping episode that set up this week’s CIA linguist scandal. Little is known about what the FBI was investigating in secret approaches and questioning of defense teams. But as a result, Bin al Shibh’s earlier translator lost his security clearance and his job.They settled on a new permanent linguist, who didn’t arrive on this remote base until Tuesday.In between, the temporary translator who worked at a CIA black site had been filling in since August, off and on, according to Harrington — and had met Bin al Shibh earlier.
  • But Bin al Shibh only disclosed in court Monday that he recognized the linguist from a secret prison where Bin al Shibh had been held captive before his arrival at Guantánamo in 2006. Accused accomplices Ammar al Baluchi and Walid bin Attash recognized him, too, as did Mohammed. The three were apparently seeing the translator for the first time at Guantánamo in court Monday.
  • Paul Merrell on 13 Feb 15
     
    Dismissal for outrageous conduct is what needs to happen. And the officials who ordered the penetration of the defense team in the FBI and CIA need to be dismissed from government and prosecuted criminally. 
Paul Merrell

National Security Network | Obama's ISIL AUMF: The Good, the Bad, and the Ugly - 0 views

nsnetwork.org/-the-good-the-bad-and-the-ugly

war & peace U.S.-foreign-policy ISIL AUMF Obama

shared by Paul Merrell on 12 Feb 15 - No Cached
  • This morning, the White House sent Congress the text of its proposed Authorization for Use of Military Force (AUMF) against the Islamic State. The proposed legislation includes strengths and weaknesses that deserve careful analysis and debate. Overall, the proposal would set important, if imperfect, limits on the war against the Islamic State, including: a three-year sunset clause, a careful definition of associated forces, and the repeal of the 2002 AUMF. But the proposal also includes a number of significant problems, including: a faux prohibition on large-scale ground combat operations that is effectively meaningless because of extremely poor wording, a lack of geographic limits, the potential application to ill-defined future “successors” of the Islamic State, and a failure to make clear the 2001 AUMF does not apply to the war against the Islamic State. This last step is important to prevent the current or future presidents from using the authority of the 2001 law to bypass any limitations in an Islamic State-specific authorization. The Obama Administration deserves credit for stepping up and offering an AUMF with some constructive provisions, but now the task is to use the congressional process to keep the good aspects, improve the imperfect aspects, and prevent worse provisions from being inserted into the proposal.
  • Paul Merrell on 12 Feb 15
     
    Peace groups support a no-vote on the ISIL AUMF and repeal of the 2002 and 2003 AUMFs. If adopted anyway, they support the following limitations: *A one-year sunset clause  *Geographic limitations *Definitively no combat troops on the ground *Repealing the open-ended war on terror authorization *Robust reporting requirements including civilian deaths
Paul Merrell

Netanyahu vows to scuttle world powers' Iran deal | The Times of Israel - 0 views

www.timesofisrael.com/scuttle-world-powers-iran-deal

war & peace Iranian-nukes-myth Netanyahu-speech boycott

shared by Paul Merrell on 11 Feb 15 - No Cached
  • A Channel 10 news report Saturday indicated that some 60 Democratic legislators were expected to stay away from the address.
  • Paul Merrell on 11 Feb 15
     
    The Democratic boycott of Netanyahu's speech is gaining strength. Republicans need to get on board too. 
  • Paul Merrell on 11 Feb 15
     
    The Democratic boycott of Netanyahu's speech is gaining strength. Republicans need to get on board too. 
Paul Merrell

The DEA isn't just tracking license plates - it's taking pictures of vehicles' passengers, too | PandoDaily - 0 views

pando.com/...res-of-vehicles-passengers-too

surveillance state DEA license-plate-readers passengers

shared by Paul Merrell on 08 Feb 15 - No Cached
  • The Drug Enforcement Administration is collecting information about more than just license plates with the tracking system revealed by the American Civil Liberties Union. Documents released by the ACLU this morning show that the DEA is also using the license plate readers (LPRs) on which this system relies to capture photographs of a vehicles’ passengers. The images can then be run through facial recognition software. This is meant to give the DEA more context about the people whose movements it’s tracking with this program, which gathers data from more than 100 LPRs managed by an unknown number of police departments around the country to aid in their investigations. The program was originally meant to assist with civil asset forfeiture cases, but it has since expanded to assist departments approved by the El Paso Intelligence Center with investigations into murders, rapes, and other crimes, the Wall Street Journal reports.
  • Previous reports indicated that the DEA was collecting license plate information about “millions” of Americans. That figure might be low if it didn’t account for the number of plates collected versus the number of people in a vehicle when these images are taken. Either way, this program represents a clear violation of privacy for many Americans, most of whom didn’t know the DEA could collect this information. As I wrote before: The result is a national surveillance program with an unknown number of contributors offering up location data about millions of Americans; all to a database used by an untold number of police departments without any public oversight regarding their searches.
  • That’s a problem. Backchannel reported in December that police have used their access to license plate readers to stalk former colleagues, and IB Times revealed earlier this month that Gov. Chris Christie (R-NJ) used location data to smear a political rival. Perhaps the DEA will support the program by claiming that learning who is in a vehicle isn’t much different from learning where the vehicle was going — it could all be considered metadata, and the government considers that information to be fair game.
Paul Merrell

EU aims at improving EU - Russia Relations to solve Ukraine Crisis | nsnbc international - 0 views

nsnbc.me/...ations-to-solve-ukraine-crisis

war & peace economic-warfare EU-defection France Russia sanctions

shared by Paul Merrell on 15 Jan 15 - No Cached
  • The European Union’s Foreign Policy Chief, Federica Mogherini, argued that the EU should improve its ties to Moscow and re-engage in diplomacy and trade as gradual steps to ease tensions and toward resolving the crisis in and about Ukraine. The EU’s Foreign Ministers will convene on January 19 to discuss the normalization of EU – Russian relations and relations between the EEU and the EU. Mogherini‘s statement followed one week after French President Francois Hollande made a similar statement on France-Inter which was drowned by the media spectacle created due to the attack on the French cartoon magazine Charlie Hebdo and related incident which occurred less than 48 hours after Hollande’s landmark statement.
  • Hollande stressed that the regime of sanctions against Moscow must end, and be disbanded as progress on Ukraine is being made within the Normandy Framework. That is, without direct participation of the United States and the UK. A meeting of EU foreign ministers on January 19 in Brussels will reportedly focus on a more positive approach toward Moscow and a more proactive approach with regard to solving the crisis in and about Ukraine. Mogherini said that taking into consideration a common aim of a free trade from Lisbon to Vladivosok, the EU should study the possibility of expanding trade with Russia as well as with the Eurasian Economic Union (EEU) which came into effect on January 1, 2015. Mogherini reportedly that: “There are significant interests on both sides, which may be conflicting but could serve as a basis for trade-offs and could imply a give and take approach.”
  • The EU Foreign Policy Chief also noted that the EU should consider reviewing joint efforts between the EU and Russia to solve problems pertaining Syria, Iraq, Libya, Iran, North Korea (DPRK) and Palestine. The Russian News agency Tass reports that Russian Prime Minister Dmitry Medvedev, for his part, stated at the Gaidar Economic Forum on Wednesday, that he hopes Moscow would be able to return relations with the European Union to normal soon. It is noteworthy that Hollande’s, during his statement on France-Inter, last week, stressed that Russian President Vladimir Putin had personally assured him that Moscow has no plans, whatsoever, to annex any part of Ukraine’s Donbass region. Russia does, however, consider the predominantly Russian-speaking regions in southern and eastern Ukraine as its sphere of interests and perceives NATO’s eastwards expansion as a threat to Russia’s security.
  • ...1 more annotation...
  • The sanctions which were implemented against Russia in July 2014 include selected Russian citizens, the Russian military sector and industries involved in dual-use products and services, the Russian oil and the financial sectors. It is noteworthy that the regime of sanctions against Russia was predominantly promoted by the administrations of the United States and the United Kingdom. In response, Russia, in August 2014, imposed a one-year-long ban on imports of beef, pork, poultry, fish, cheeses, fruit, vegetables and dairy products from Australia, Canada, the European Union, Norway, and the United States. It is noteworthy that German Foreign Minister Frank-Walter Steinmeier, on Monday, January 7, received his French, Ukrainian and Russian counterparts in the German Foreign Minister’s guest house. The quartet agreed to continue discussions on how to break the stall-mate between the conflicting parties in Ukraine within the Normandy Framework. It was this framework, with participation of the OSCE and the EU, that led to the Minsk Accord and the ceasefire agreement in Ukraine on September 5, 2014.
  • Paul Merrell on 15 Jan 15
     
    Seems that the EU may be beginning a transition from U.S. rule to embrace trade with Russia. 
Gary Edwards

Swimming with the Sharks: Goldman Sachs, School Districts, and Capital Appreciation Bonds | nsnbc international - 0 views

nsnbc.me/...and-capital-appreciation-bonds

Banksters Goldman-Sachs

shared by Gary Edwards on 21 Feb 15 - No Cached
  • In 2008, after collecting millions of dollars in fees to help California sell its bonds, Goldman urged its bigger clients to place investment bets against those bonds, in order to profit from a financial crisis that was sparked in the first place by irresponsible Wall Street speculation. Alarmed California officials warned that these short sales would jeopardize the state’s bond rating and drive up interest rates. But that result also served Goldman, which had sold credit default swaps on the bonds, since the price of the swaps rose along with the risk of default.
  • In 2009, the lenders’ lobbying group than proposed and promoted AB1388, a California bill eliminating the debt ceiling requirement on long-term debt for school districts. After it passed, bankers traveled all over the state pushing something called “capital appreciation bonds” (CABs) as a tool to vault over legal debt limits. (Think Greece again.) Also called payday loans for school districts, CABs have now been issued by more than 400 California districts, some with repayment obligations of up to 20 times the principal advanced (or 2000%).
  • The controversial bonds came under increased scrutiny in August 2012, following a report that San Diego County’s Poway Unified would have to pay $982 million for a $105 million CAB it issued. Goldman Sachs made $1.6 million on a single capital appreciation deal with the San Diego Unified School District.
  • ...10 more annotations...
  • . . . AB1388, signed by then-Gov. Arnold Schwarzenegger in 2009, [gave] banks the green light to lure California school boards into issuing bonds to raise quick money to build schools. Unlike conventional bonds that have to be paid off on a regular basis, the bonds approved in AB1388 relaxed regulatory safeguards and allowed them to be paid back 25 to 40 years in the future. The problem is that from the time the bonds are issued until payment is due, interest accrues and compounds at exorbitant rates, requiring a balloon payment in the millions of dollars. . . . Wall Street exploited the school boards’ lack of business acumen and proposed the bonds as blank checks written against taxpayers’ pocketbooks. One school administrator described a Wall Street meeting to discuss the system as like “swimming with the big sharks.” Wall Street has preyed on these school boards because of the millions of dollars in commissions. Banks, financial advisers and credit rating firms have billed California public entities almost $400 million since 2007. [State Treasurer] Lockyer described this as “part of the ‘new’ Wall Street,” which “has done this kind of thing on the private investor side for years, then the housing market and now its public entities.”
  • The Federal Reserve could have made virtually-interest-free loans available to local governments, as it did for banks. But the Fed (whose twelve branches are 100% owned by private banks) declined. As noted by Cate Long on Reuters:
  • The Fed has said that it will not buy muni bonds or lend directly to states or municipal issuers. But be sure if yields rise high enough Merrill Lynch, Goldman Sachs and JP Morgan will be standing ready to “save” these issuers. There is no “lender of last resort” for muniland.
  • Among the hundreds of California school districts signing up for CABs were fifteen in Orange County. The Anaheim-based Savanna School District took on the costliest of these bonds, issuing $239,721 in CABs in 2009 for which it will have to repay $3.6 million by the final maturity date in 2034. That works out to $15 for every $1 borrowed. Santa Ana Unified issued $34.8 million in CABs in 2011. It will have to repay $305.5 million by the maturity date in 2047, or $9.76 for every dollar borrowed. Placentia-Yorba Linda Unified issued $22.1 million in capital appreciation bonds in 2011. It will have to repay $281 million by the maturity date in 2049, or $12.73 for every dollar borrowed.
  • In 2013, California finally passed a law limiting debt service on CABs to four times principal, and limiting their maturity to a maximum of 25 years. But the bill is not retroactive. In several decades, the 400 cities that have been drawn into these shark-infested waters could be facing municipal bankruptcy – for capital “improvements” that will by then be obsolete and need to be replaced.
  • Then-State Treasurer Bill Lockyer called the bonds “debt for the next generation.” But some economists argue that it is a transfer of wealth, not between generations, but between classes – from the poor to the rich. Capital investments were once funded with property taxes, particularly those paid by wealthy homeowners and corporations. But California’s property tax receipts were slashed by Proposition 13 and the housing crisis, forcing school costs to be borne by middle-class households and the students themselves.
  • According to Demos, per-student funding has been slashed since 2008 in every state but one – the indomitable North Dakota. What is so different about that state? Some commentators credit the oil boom, but other states with oil have not fared so well. And the boom did not actually hit in North Dakota until 2010. The budget of every state but North Dakota had already slipped into the red by the spring of 2009.
  • One thing that does single the state out is that North Dakota alone has its own depository bank.
  • The state-owned Bank of North Dakota (BND) was making 1% loans to school districts even in December 2014, when global oil prices had dropped by half. That month, the BND granted a $10 million construction loan to McKenzie County Public School No. 1, at an interest rate of 1% payable over 20 years. Over the life of the loan, that works out to $.20 in simple interest or $.22 in compound interest for every $1 borrowed. Compare that to the $15 owed for every dollar borrowed by Anaheim’s Savanna School District or the $10 owed for every dollar borrowed by Santa Ana Unified.
  • How can the BND afford to make these very low interest loans and still turn a profit? The answer is that its costs are very low. It has no exorbitantly-paid executives; pays no bonuses, fees, or commissions; pays no dividends to private shareholders; and has low borrowing costs. It does not need to advertise for depositors (it has a captive deposit base in the state itself) or for borrowers (it is a wholesale bank that partners with local banks, which find the borrowers). The BND also has no losses from derivative trades gone wrong. It engages in old-fashioned conservative banking and does not speculate in derivatives. Unlike the vampire squids of Wall Street, it is not motivated to maximize its bottom line in a predatory way. Its mandate is simply to serve the public interest.
  • Gary Edwards on 21 Feb 15
     
    " Remember when Goldman Sachs - dubbed by Matt Taibbi the Vampire Squid - sold derivatives to Greece so the government could conceal its debt, then bet against that debt, driving it up? It seems that the ubiquitous investment bank has also put the squeeze on California and its school districts. Not that Goldman was alone in this; but the unscrupulous practices of the bank once called the undisputed king of the municipal bond business epitomize the culture of greed that has ensnared students and future generations in unrepayable debt."
« First ‹ Previous 541 - 560 of 638 Next › Last »
Showing 20▼ items per page